Last Updated: August 13th 2023

Terms of Service

Welcome to Transit, a taxi/ride-hailing service located on the Caribbean island of St. Maarten. The following Terms of Service ("Terms") govern your access to and use of the Transit mobile application, website, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

Eligibility

To use the Services, you must be at least 18 years old and have the legal capacity to enter into a binding agreement. By accessing or using the Services, you represent and warrant that you meet these requirements.

Account Registration

To use the Transit Services, you must create an account ("Account"). You agree to provide accurate, current, and complete information during the registration process and to promptly update such information as necessary. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Transit of any unauthorized use of your Account or any other breach of security.

Payments

Transit uses Stripe, a third-party payment processor, to process payments for the Services. By using the Services, you agree to be bound by Stripe's Terms of Service and Privacy Policy, which can be found at https://stripe.com/legal.

License Grant and Restrictions

Transit grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial use. You agree not to use the Services for any other purpose or to sublicense, resell, or otherwise distribute the Services.

Third-Party Services

The Services integrate with various third-party services, including but not limited to Mapbox, Cloudflare, Google Places API, and Sentry. Your use of these third-party services is subject to their respective terms of service and privacy policies. Transit is not responsible for the content, products, or services provided by these third parties.

Intellectual Property

All intellectual property rights in and to the Services, including but not limited to the Transit logo, designs, software, and content, are owned by Transit or its licensors. Except for the limited license granted in these Terms, Transit reserves all rights in and to the Services.

User Content

You are solely responsible for any content you submit, post, or transmit via the Services, including but not limited to text, images, and audio ("User Content"). By submitting User Content, you grant Transit a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display such User Content in connection with the Services.

User Conduct

You agree not to use the Services in any manner that is unlawful, harmful, or otherwise violates these Terms or any applicable laws, rules, or regulations. This includes, but is not limited to, engaging in any behavior that is abusive, harassing, threatening, or defamatory.

Termination

Transit reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. You may terminate your Account at any time by contacting Transit's customer support.

Disclaimer

The Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

In no event shall Transit, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your access to or use of the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Transit has been informed of the possibility of such damage. In no event shall Transit's total liability to you for all damages, losses, or causes of action exceed the amount you have paid to Transit in the last six (6) months, or, if greater, one hundred dollars (USD 100).

Indemnification

You agree to defend, indemnify, and hold harmless Transit, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement or misappropriation of any intellectual property or other rights of any third party.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in The Netherlands, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

Changes to Terms

Transit reserves the right to modify or replace these Terms at any time. If we make changes, we will post the updated Terms on this page and update the "Last Updated" date above. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

Miscellaneous

These Terms, together with any other agreements or policies expressly incorporated by reference, constitute the entire agreement between you and Transit concerning the Services and supersede all prior or contemporaneous communications, agreements, or understandings between the parties. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Contact Information

If you have any questions or concerns about these Terms, please contact us at support@transitapp.io.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which is incorporated herein by reference and governs how we collect, use, and disclose your personal information when you use the Services. By using the Services, you agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

Dispute Resolution

If a dispute arises between you and Transit, you agree to first contact Transit at support@transitapp.io to attempt to resolve the dispute informally. If the dispute is not resolved within 30 days after submission, you or Transit may choose to resolve the dispute through binding arbitration in accordance with the laws of The Netherlands. The arbitration shall be conducted in The Netherlands, and the language of the arbitration shall be Dutch.

Force Majeure

Transit shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond Transit's reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, industrial disputes, acts of government, or interruptions in telecommunications or transportation services.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Transit without restriction.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices

All notices or other communications required or permitted by these Terms shall be in writing and shall be deemed given when delivered personally, sent by registered or certified mail (return receipt requested), or sent by email to the addresses specified by each party.

Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Transit's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.